Accommodating Students with Disabilities: A Collaborative Campus Effort Opening Day – August 22, 2013 Services for Students with Disabilities Kevin Jeter, Esq. Associate General Counsel, LACCD
Accommodating Students with Disabilities
Student Responsibilities Provide Verification of Disability to SSD Office Meet with SSD Counselor to discuss and request appropriate disability-related accommodations and services EVERY SEMESTER Inform SSD if there are facilitation issues with accommodations Accommodating Students with Disabilities – Opening Day 2013
The Interactive Process Because we must treat each student with a disability as an individual case, we are required by law to engage in an interactive process to determine the appropriate accommodations for each student. Accommodating Students with Disabilities – Opening Day 2013
During the Interactive Process Determine Educational Limitations Discuss and identify appropriate solutions; Selecting an appropriate solution under the ADA, (presumes the method of accommodation preferred by the student if reasonable and not a fundamental alteration) Implement the accommodation Follow up as necessary to ensure the success of the accommodation Accommodating Students with Disabilities – Opening Day 2013
Common Accommodations and Services Enrollment assistance Test-taking • • accommodations Priority registration • Special classes Student educational • • planning Liaison with the Braille • Institute Special parking privileges • Access to assistive Sign language interpreters • • technology Note-taking assistance • Alternate text formats • Tutoring referrals • Learning disability • Equipment loans • assessment Specialized academic and • Adjustable Tables • vocational counseling Cushioned Chairs • Recorded Class Lectures • Accommodating Students with Disabilities – Opening Day 2013
SSD Responsibilities Collect and Assess Verification of Disability Identify reasonable accommodations and services Facilitate certain accommodations Support students (may involve enhanced advocacy) Serve as a resource for Faculty (provide information, advice and guidance) Promote best practices of inclusion for students with disabilities across campus Accommodating Students with Disabilities – Opening Day 2013
Faculty Responsibilities Put a statement on your syllabus about disability accommodation Design with access in mind Provide and/or Facilitate Accommodations as specified on Student Accommodations Letter to Instructor Contact SSD if you have any questions or issues Accommodating Students with Disabilities – Opening Day 2013
Faculty Responsibilities Sample Syllabus Statement If you are a student with a disability and require classroom accommodations, and have not contacted SSD, do so in a timely manner. SSD is located in the Student Services Annex, Room 175 or call SSD at (818) 947-2681 or TTD (818) 947-2680, to meet with a SSD counselor. If SSD has already sent the memo to instructor confirming accommodations required by student for this class, please meet with me to discuss arrangements. This document can be made available in alternate format upon request from SSD at (818) 947-2681. Accommodating Students with Disabilities – Opening Day 2013
SSD Documents for Faculty Letter to Instructor Note Taking Assistance Testing Accommodations Forms Sign Language Interpreter Information Adjustable Tables and Cushioned Chairs Accommodating Students with Disabilities – Opening Day 2013
Recording of Lectures Education Code Section 78907: The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and Academic adjustments to disabled students. (see Lecture Recording Contract) Accommodating Students with Disabilities – Opening Day 2013
Keep Access in Mind Instructional Materials Textbooks Are there online supplements? Are they accessible? Websites – Are they accessible? Film and Video - Are they captioned? Forms/Handouts – Will they need to be enlarged? Brailled? Labs and Testing Accommodations Co-curricular Activities Field Trips Is the location physically accessible? Will the student need auxiliary aids or services? Accommodating Students with Disabilities – Opening Day 2013
Online/Hybrid/Web Enhanced Classes All instructional materials must be accessible. This includes photos, videos, and audio files posted online. Photos posted online must be tagged with alternative text (Alt Text or Alt Tag). Videos posted online must be captioned (synched) Audio files posted online must have an accompanying transcription (unless there is synced video or slides – these must be captioned). Accommodating Students with Disabilities – Opening Day 2013
How to request materials be Captioned or Transcribed Consider DIY options MovieCaptioner (available in the Professional Development Center) Youtube captioning DECT GRANT Contact David Quinteros in the Academic Affairs Office – x2326 http://www.lavc.edu/virtualvalley/captioning- 1.html for more information Accommodating Students with Disabilities – Opening Day 2013
Case Study: Louisiana Tech University Settlement – July 2013 Louisiana Tech Settles With U.S. DOJ Over Claims That It Violated Disabilities Act Louisiana Tech University will pay a student a total of $23,543 in damages and make its Web sites and course materials more accessible in order to resolve allegations that it violated the Americans With Disabilities Act. This stems from the complaint of a blind student who alleged that he was unable to participate in a University course based on the professor’s adoption of an internet-based application (used for numerous aspects of coursework) that was inaccessible to him. More information at http://www.ada.gov/louisiana-tech.htm Accommodating Students with Disabilities – Opening Day 2013
Legal Overview - Applicable Statutes Rehabilitation Act of 1973, Section 504 Title 29, United States Code, Section 794 Recipients of Federal Funds American With Disabilities Act, Title II Title 42, United States Code, Section 12132 Public Entities Accommodating Students with Disabilities – Opening Day 2013
Legal Overview - Prohibited Discrimination No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity or any program or activity (“college”) receiving Federal funds Title II of ADA and Section 504 Accommodating Students with Disabilities – Opening Day 2013
Legal Overview - What is a Disability? A physical or mental impairment that limits one or more major life activities Major life activities include: Caring for one's self Performing manual tasks Walking, seeing, hearing, speaking, breathing, Working Learning Accommodating Students with Disabilities – Opening Day 2013
District’s Legal Obligation In General: To provide equal opportunities to students with disabilities Ensure equal levels of communications Afford the same benefits and services Provide instruction and services that are equally effective in affording the opportunity to obtain the same results Afford the same rights, privileges, advantages, and opportunities afforded to others 28 CFR Section 35.130 34 CFR Section 104.4 Accommodating Students with Disabilities – Opening Day 2013
Provide Auxiliary Aids – Section 504 The recipient shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. 34 CFR Section 104.44(d) Accommodating Students with Disabilities – Opening Day 2013
Provide Auxiliary Aids – Title II ADA A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity. In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities. 28 CFR Section 35.160 Accommodating Students with Disabilities – Opening Day 2013
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